Terms of Use

Website Terms and Conditions

This website (Website) and domain name are owned and operated by Cygura Pty Ltd ACN 167 192 930 (Cygura). By accessing this Website, and in consideration of Cygura providing you with access to this Website, you agree to and acknowledge the following terms and conditions (Terms), which, together with the Privacy Policy, govern your access to and use of this Website. If you are accessing this Website in your capacity as an officer, employee, contractor or agent of another person, you are binding that person, and warranting that you are authorised to bind that person, to these Terms. Some of the features of this Website will require you to register as a user. If you register as a user of the Cygura Website, you will agree to a specific user agreement as well as these Terms. To the extent of any inconsistency between those documents, the user agreement will prevail. Terms of specific user agreements are available here.

1. Our Services

1.1 Cygura offers a repository for the electronic storage, management and maintenance of wholesale and sophisticated investor certificates.

1.2 Cygura does not:

certify individuals as sophisticated investors;

sell, provide advice on, or endorse any financial products;

represent or endorse any individuals, advisers, brokers, accountants or other persons named on this Website, or authenticate or warrant the identity of any such persons; or

warrant that this Website, or any content, service or feature will be error-free or uninterrupted.

1.3 Cygura provides access to the Website for business use and not for personal, domestic or household use or consumption.

1.4 You should make your own enquiries before relying on any certificate or other information obtained through this Website.

2. Third Party Content

2.1 The Website may display content provided by third parties, including certificates and other documents and information uploaded by third parties (Third Party Content), and links to websites operated by other organisations and individuals (Third Party Websites).

2.2 Third Party Content and Third Party Websites are not under the control of Cygura. Cygura does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the any contributor of Third Party Content, or owner or operator of a Third Party Website, or their conduct or credentials. Cygura does not endorse any opinion, advice or statement made by any person other than Cygura.

2.3 If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

3. Intellectual Property

3.1 ‘Cygura’ is a trade mark of Sophisticated Access Capital (Trade Marks). All material on this Website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Sophisticated Access Capital. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with the prior written consent of Sophisticated Access Capital, or as permitted by law. All rights of Sophisticated Access Capital are reserved.

3.2 Trade marks used on this Website to describe third parties and their products are trade marks of those third parties.

4. Your Conduct

(c) interfere with, disrupt, or create an undue burden on the Website;

(d) link to any part of the Website other than its home page;

(e) frame or mirror any part of the Website;

(f) use any automated process (such as a robot, spider, screen scraper, data aggregation tool or other automatic device or process) to process, monitor, copy or extract any information, content or date from or through the Website; or

(g) provide any false or misleading information when registering as a user or otherwise interacting with the Website.

4.2 Cygura may block or suspend any user of its Website.

4.3 You acknowledge that internet transmissions are never completely private or secure, even when encrypted.

4.4 You agree to indemnify Cygura and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of Cygura in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms, or any other default or wrongful conduct in relation to the subject matter of these Terms, on the part of you or any of your Affiliates.

5. Disclaimer

5.1 By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this Website or by any Third Party Content or Third Party Website, and the risk that you may suffer any loss or damage through your use of or reliance on the services or the information contained on or accessed through this Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this Website are hereby excluded. By accessing the Website, you agree to indemnify Cygura for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to this Website.

5.2 Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, Cygura’s liability to you for a breach of a non-excludable right is limited, at its sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

6. Privacy Policy

Cygura’s Privacy Policy is incorporated by reference into these Terms. By using the Website, you agree to the Privacy Policy.

7. Changes

7.1 Cygura reserves the right to change these Terms. You should check these Terms regularly as such changes are effective immediately upon being posted on the Website. Cygura may, but is not obliged to, provide notice of such changes by posting an alert on this Website, by email or other means. Your use of the Website after a change is made will constitute agreement to such changes, and you should not continue to use the Website if you do not agree.

7.2 Cygura also reserves the right to change, add to or remove from the Website any content, product, service or feature. It also reserves the right to change any fees or charges, or commence charging for any services provided through this Website.

8. General

8.1 These Terms are governed by the laws of Queensland, Australia and each party submits to the non-exclusive jurisdiction of the courts of Queensland.

8.2 If any provision of these Terms is determined to be unenforceable or invalid by any court, such provision shall be deemed to be modified as required to ensure its enforceability or, if that is not possible, severed from these Terms, without affecting the continued operation of the remainder of the Terms.

9. Contact

If you have any queries regarding these Terms, please contact Cygura as follows: admin@cygura.com.au

It is a Corporations Law requirement to hold a copy of a sophisticated investor’s certificate at time of investment.

** Credits are valid for up to 12 months after purchase.

*Minimum term is 12 months. Billing is monthly in advance or yearly in advance as selected when placing order.

Pricing is for one Professional User with up to 100 linked investor certificates. Pricing for additional linked investor certificates above 100 is calculated as a multiple of these prices (for example, the pricing for 101- 200 linked investor certificates is 2 x the amount shown). If a Professional User exceeds their 100 linked investor certificates, they will be notified by email and automatically billed the following month for the new number of connections for the remainder of the minimum 12 month period as follows:

(a) if paying monthly in advance, the bill for the next and each following month will be increased to the new monthly rate; and

(b) if paying yearly in advance, the Professional User will be billed for an additional amount calculated by applying the new annual rate to the number of months remaining, on a pro rata basis.

Increased or additional fees will apply for the remainder of the minimum 12 month period and will not be decreased or refunded if a Professional User’s number of linked investor certificates subsequently decreases.

Enterprise solutions are based on the volume of users, options selected, and bespoke reporting. As At reports are stored for up to 6 months

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This page provides references to
the
policies and agreements that apply to all products and services and your dealings with Cygura, a
division of Sophisticated Access Capital and all associated companies and business partners.